T-Mobile
USA
T-Mobile® Spin to Win Game
Official
Rules
To participate in the T-Mobile
Spin to Win Game (“Promotion”), you must agree to and abide by these Official
Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A
PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS & VALID E-MAIL ACCOUNT
REQUIRED.
OFFERED
ONLY IN THE (50) UNITED STATES AND THE DISTRICT OF COLUMBIA; VOID IN PUERTO
RICO AND WHERE PROHIBITED BY LAW.
OPEN
ONLY TO LEGAL U.S. RESIDENTS, 18 YEARS (OR AGE OF MAJORITY IN JURISDICTION OF
RESIDENCE, WHICHEVER IS OLDER) OR OLDER.
This Promotion
is in no way sponsored, endorsed or administered by, or associated with,
Facebook. You understand that you are providing your information to T-Mobile
USA, Inc. (“Sponsor”) and not to Facebook.
1. Promotion Entry: The Promotion begins on or about 9:00:00 a.m.
Eastern Time (“ET”) on July 11, 2012 and ends 11:59:59 p.m. ET on July 31, 2012
(“Promotion Period”). Sponsor’s computer is the official clock for this Promotion.
Step 1
– “Like” the T-Mobile USA Facebook Page
Navigate the Internet to http://www.facebook.com/TMobile (“Website”) and find
the application for the “T-Mobile Spin to Win Game” on the T-Mobile USA Page on
Facebook. Click the “Like” button at the top of the page to unlock the entry
form (if you haven’t “Liked” the page already). Those who have already “Liked”
the T-Mobile USA Page will be able to directly access the entry form via the
“T-Mobile Spin to Win Game” application.
Step 2
- Carefully read the Official Rules, then click the check box signifying that
you have read, fully understand and agree to these Official Rules.
IF YOU
DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THE OFFICIAL RULES YOU WILL NOT
BE ELIGIBLE TO PARTICIPATE IN THE PROMOTION OR WIN A PRIZE.
Step 3 - Instant Win Game: To find out if you
are an Instant Winner (subject to verification), click the “Spin” button on the
application. You will either receive a winner notification or a non-winner
notification message after you click the “Spin” button. If you receive a winner
notification you will be required to complete the online entry form with your
first name, last name, e-mail address, daytime phone number and date of birth. After
completing the entry form click the “Submit Entry” button on the entry page
(“Instant Win Game Play”). Submission of your properly completed entry form
with the required information will constitute your entry into this Promotion
(“Entry”). Proof of entering information at the Website is not considered proof
of delivery to or receipt by Sponsor of such Entry.
After
submitting Entry, entrant will have the option to share the Promotion with
selected friends on Facebook. Click the Invite a Friend button on the Thank You
Page and share the Promotion for additional Instant Win Game Play entries. For
each five (5) friends of the entrant who participate in the Promotion the
entrant will receive one (1) additional Instant Win Game Play. You can receive
a maximum of five (5) additional Instant Win Game Plays per day. Posted Promotion
material is Sponsor’s sole property and must not be modified/altered/edited by
entrant. You must first enter the Promotion via Steps 1, 2 and 3 above before
you will be eligible to receive additional Instant Win Game Plays via inviting
a friend. Violation of this requirement will void all associated Entries (if
any) and may result in disqualification from the Promotion and Sponsor and
Administrator (defined below) may also pursue other available legal remedies to
protect their rights and the integrity of the Promotion.
Limit of six (6)
chances to win (one (1) Entry for the initial Instant Win Game Play and
entering the Promotion and five (5) additional chances to win for inviting
friends to enter the Promotion) per person and/or Facebook account per day
during the Promotion Period (for purposes of this Sweepstakes a day is defined
as beginning at 12:00:00 am ET and ending at 11:59:59 pm ET except for the
first day that begins at 9:00:00 am ET and ends at 11:59:59 pm ET) for a
maximum of one hundred and twenty four (124) total chances to win during the
Promotion Period. Multiple
entries by an individual person or Facebook account in excess of the preceding
limitation or mass entry attempts will result in disqualification of the person
or Facebook account and void all entries related to such conduct. Use of
automated/programmed/robotic means of entry or other artifice or device to
enter (via Steps 1, 2 and 3 more than once per day and/or to receive more than five
(5) additional Instant Win Game plays for inviting friends per day during the
Promotion Period is prohibited and any entries submitted/received using such
means will be voided and the individual disqualified from participation in the Promotion.
Sponsor and Administrator will not be responsible for late, lost, incomplete,
or misdirected entries or for additional entries not received or recorded for
any reason.
You
should refer the Promotion only to persons with whom you have a personal or
professional relationship; AND who you believe would be interested in learning
about the Promotion and Sponsor; AND who are eligible to participate in the
Promotion (see Rule 5 below). If a person you consider a friend indicates that
he/she doesn’t want to be contacted by you regarding the Promotion and/or Sponsor
(“No Contact Requests”), it is your responsibility to honor such No Contact Requests
and to refrain from contacting such person further about the Promotion and/or Sponsor.
You agree (a) that Sponsor and
Administrator are not responsible for ensuring you honor No Contact Requests,
and (b) that you will defend, indemnify and hold Sponsor and Administrator
harmless from and against any third-party claims and all related costs,
liability, damages and expense resulting from your violation and/or failure to
abide by or honor any No Contact Requests.
Your
information will be used in accordance with the privacy policy of Sponsor located
at http://www.t-mobile.com/company/website/privacypolicy.aspx)
2. Instant Win Game Prizes: Each calendar day (ET) during the Promotion Period, 33
Instant Win Game prizes will be made available, with each prize being allocated
at random to a randomly pre-selected time during that day.** Sponsor will
implement Instant Win Game. Instant Win Game time and prize selection each at
Sponsor’s sole discretion, and prize selection subject to then available
supplies. The first person whose entry/Instant Win Game Play is received and
recorded by Sponsor’s computer at a randomly pre-selected time on a given day will
potentially win the Instant Win Game Prize allocated at random to such time on
that day. If no entry/Instant Win Game Play is received and recorded at that time
and day, then the first person whose Entry/Instant Win Game Play is received
and recorded after that time on that
day will be the potential winner of such prize. All winning Instant Win Game
Plays are subject to verification and participant’s full compliance with these
Official Rules. The potential winner may be required to complete, sign and
return to Administrator or Sponsor as directed an Affidavit of Eligibility, Liability
Release and Indemnification and, where allowed by law, a Publicity Release, and
other required documentation. Instant Win Game prize winners will receive their
prizes 4-6 weeks after notification of winning or verification of
eligibility/compliance with these Official Rules (as applicable).
**Except
for July 11, 2012, a ‘day’ begins at 12:00:00 a.m. ET and ends at 11:59:59 p.m.
ET. For the Promotion, the day of July 11 begins at 9:00:00 a.m. ET and ends at
11:59:59 p.m. ET.
3.
Instant Win Game Prizes,
Odds of Winning, Approximate Retail Value ("ARV"):
(3) winners will receive one (1) Samsung Galaxy SIII
mobile phone with a $50 T-Mobile gift card redeemable for products and
services, including without limitation, prepaid T-Mobile service of comparable
value, and one (1) Samsung 40” Class LED 1080p 120Hz Smart HDTV. ARV: $1,749.99
each.
(60) winners will receive
one (1) Samsung Galaxy SIII mobile phone with a $50 T-Mobile gift card
redeemable for products and services, including without limitation, one (1)
month prepaid T-Mobile service. ARV: $650.00 each.
(21) winners will receive
one (1) Samsung Galaxy Tab 10.1. ARV: $650 each.
(21) winners will receive
one (1) Samsung Galaxy Note. ARV: $750 each.
(525) winners will receive one (1) Android figurine.
ARV: $10.00 each.
ARV of all Prizes: up
to $78,899.97
Odds of winning an Instant Win Game prize depend on
the time on a given day when someone enters the Promotion (and plays the
Instant Win Game), the number of other persons entering the Promotion/playing
the Instant Win Game on a given day and when on that day such other persons
enter the Promotion/play the Instant Win Game. Except for July 11, the
approximate odds of winning an Instant Win Game Prize on a given day are 1:2,618.
For July 11, the approximate odds of winning are 1:1,636.
No more than the indicated number of Instant Win
Game prizes will be awarded. In the event that production, seeding, digital or
programming errors/failures/malfunctions or other reasons result in more than
the specified number of Instant Win Game prizes being made available on a given
day of the Promotion Period, Sponsor reserves the right to amend the specified
number of Instant Win Game prizes for that day (i.e., 33), as stated in these
Official Rules (if previously not awarded), from among all legitimate eligible Instant
Win Game prize claimants on that day.
Third
party trademarks are used for purposes of prize description only and such use
is not intended to suggest or imply sponsorship, endorsement, or the approval
of this Promotion. Any costs and incidentals not specified herein, including service
plans not otherwise specifically described as part of a prize, are the winners’
sole responsibility. Prize may not be sold, traded, transferred, refunded,
commissioned or redeemed for cash value (except prize components which are gift
cards and only where such cash redemption is required by law) unless indicated
by Sponsor or Administrator. LIMIT ONE (1)
INSTANT WIN GAME PRIZE PER PERSON/FAMILY/HOUSEHOLD FOR ENTIRE PROMOTION.
Prize
elements may be subject to additional restrictions. Gift cards are subject to
terms/conditions indicated thereon. Sponsor in its sole discretion may award a
substitute prize/prize component of comparable or greater value at time of
awarding for any reason. Any portion of a prize not accepted by a winner will
be forfeited, and the Releasees (as hereinafter defined) shall not be
responsible for any inability of winner to accept or use any portion of the
prize for any reason. All applicable federal, state and local taxes are the
sole responsibility of each winner. All winners except those of the Android figurine Instant Win Game
Prize will receive an IRS Form 1099 reflecting the actual final retail value of
the prize.
4. Winner
Notification: Potential
winners may be notified by e-mail and or phone. Failure to respond to the
initial verification within three (3) business days after notification or
return of e-mail notification as undeliverable after three (3) attempts will
result in disqualification. Potential winners (of Instant Win Game prize) may
be required to sign and return within three (3) business days an Affidavit of
Eligibility, Release and Indemnification, a Publicity Release where allowed by
law, and required tax forms (if any). If any of the Affidavit of Eligibility,
Release and Indemnification, Publicity Release and/or tax forms are not
returned to Sponsor within specified time period, or, if for any prize, potential winner cannot be
contacted for any reason, such potential winner will be disqualified. Unclaimed/forfeited
Instant Win Game prizes will NOT be awarded. In the event of any dispute
concerning the identity of any entrant (and corresponding Instant Win Game
Play), the Entry will be deemed submitted by the natural person who is the
authorized holder of the transmitting e-mail account associated with the
Facebook User ID used to participate in the Promotion. "Authorized account
holder" is defined as the natural person who is assigned to an e-mail address
by an Internet access provider, online service provider, or other organization
(e.g., business, educational institution, etc.) that is responsible for
assigning e-mail addresses for the domain associated with the submitted e-mail
address.
If for any reason the Promotion is not capable of running as planned, including
but not limited to infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, human error, technical failure or other causes which
corrupt or affect the administration, security, fairness, integrity or proper
conduct of the Promotion (in whole or in part), Sponsor reserves the right, at
its sole discretion, to cancel, terminate, modify and/or suspend the Promotion or
take any other action Sponsor deems necessary or advisable in keeping with the
structure and integrity of the Promotion including, select winners in a manner
deemed fair, equitable and in accordance with these rules as determined by
Sponsor in its sole discretion; and to disqualify any individuals who tamper
with the entry process, violate these Official Rules, or act in a disruptive or
abusive manner. Notice of such action by Sponsor will be posted on http://www.facebook.com/TMobile. No responsibility
is assumed by Sponsor, Big Fuel
Communications, LLC or Administrator for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to or
alteration of entries, Instant Win Game Plays, or recordation of data relative
to entrant’s sharing of Promotion; or any problems or technical malfunctions of
any telephone network or lines, computer online systems, Internet Service
Provider (ISP), servers or providers, computer equipment, software, failure of
any e-mail, electronic Entry, Instant Win Game Play or recordation of data
relative to entrant’s sharing of Promotion to be received on account of
technical problems or traffic congestion on the Internet or at any website or
any combination thereof, including, but not limited to, any injury or damage to
participant's or any other person's computer related to, or resulting from,
participation in or downloading any materials from this Promotion.
Entrants further agree not to knowingly damage or cause interruption of the Promotion
and/or prevent others from using the Promotion. Submission of an Entry/Instant
Win Game Play is acknowledgement of and agreement to be bound by all terms and
conditions of this Promotion, including without limitation, these Official
Rules. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL
LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING
SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
5. Eligibility: This Promotion is
open only to legal residents of the 50 United States and the District of
Columbia, who are at least 18 years of age or the age of majority in
jurisdiction of residence (whichever is older) as of the date of Entry. Void in
Puerto Rico and where prohibited or restricted by law. Any individuals
(including but not limited to employees) who have, within six months prior to
the start date of the Promotion, performed services for Sponsor, Big Fuel Communications, LLC,
Administrator, or any of their respective parent, affiliated or subsidiary
companies or who have within six (6) months prior to
the start date of the Promotion performed services for any organizations
responsible for sponsoring, fulfilling, administering, advertising or promoting
the Promotion, supplying the prizes, and/or their respective parent,
subsidiary, affiliated and successor companies, and immediate family and
household members of such individuals, are not eligible to enter or win.
"Immediate family members" shall mean parents, step-parents,
children, step-children, siblings, step-siblings, grandchildren,
step-grandchildren, or spouses, regardless of where they live. "Household
members" shall mean people who share the same residence at least three consecutive
months a year, whether related or not.
6. Additional Terms:
By entering the Promotion, each entrant agrees to release, discharge and hold
harmless Sponsor, Big Fuel
Communications, LLC, Administrator, Facebook, Inc., and each of their
respective related, parent, subsidiary or affiliated companies, advertising and
promotional agencies and prize suppliers, and each of their respective
officers, directors, employees, agents and representatives (collectively, the
“Releasees”), from any and all claims and liabilities arising from or relating
to entrant’s participation in the Promotion or any Promotion-related activity
and/or entrant’s acceptance, use, or misuse of any prize. By entering, each
entrant further agrees that the Releasees have not made any warranty,
representation or guarantee, express or implied, in fact or law, with respect
to any prize, including without limitation, to such prize’s quality or fitness
for a particular purpose. (The preceding only excludes the express warranties
made by Sponsor on its wireless carrier services as limited by the terms of
such warranties.) By entering and if a winner, winner grants Sponsor and its
licensees and assigns the right to use his/her name, voice, likeness,
biographical information, testimonial and performance for programming,
advertising, and promotional purposes, in any manner in any media and/or
technologies throughout the world in perpetuity without further compensation.
7. Disputes/Choice Of Law: Except where prohibited, and subject to the
release and waiver of claims provision herein, entrants agree that: (1) any and
all disputes, claims, and causes of action arising out of or connected with Promotion,
(excluding any and all disputes, claims, and causes of action arising out of or
connected with the prizes or the use thereof), or the determination of the
winners, shall be resolved individually, without resort to any form of class
action, and exclusively by arbitration pursuant to the Rules of the American
Arbitration Association, then effective, and (2) waive any right to seek or
obtain injunctive or other equitable relief, and (3) any and all claims,
judgments and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with entering Promotion, but in no event attorneys’
fees; and (4) under no circumstances will entrant be permitted to obtain awards,
costs or expenses for, and entrant hereby waives all rights to claim, punitive,
incidental, special, exemplary and consequential damages and any other damages,
other than for actual out-of-pocket expenses, and any and all rights to have
damages multiplied or otherwise increased even if entrant has been advised of
the possibility of such damages. All
issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of
entrant and/or Sponsor, Big Fuel
Communications, LLC and Administrator in connection with the Promotion,
shall be governed by, and construed in accordance with, the laws of the State
of New York, without regard for conflicts of law doctrine of New York or any
other jurisdiction, and all proceedings shall take place in the City of New
York, County of New York.
8. Sponsor: T-Mobile USA,
Inc., 12920 SE 38th St., Bellevue, WA, 98006.
9. Administrator: LeadDog
Marketing Group, Inc., 159 West 25th Street, 2nd Floor,
New York, NY 10001.
10. Names of Prize Winners: For
the names of major prize winners mail a self-addressed, stamped envelope to:
T-Mobile Spin to Win Game Winners, c/o LeadDog Marketing Group, 159 West 25th
Street, 2nd Floor, New York, NY 10001. Requests received after August
20, 2012 will not be honored.